EDPURI RAMA SUBBIAH Vs. C J COLE

JUDGEMENT

(1.) THIS is an application for issuing a writ of 'certiorari' to quash the order of the District Munsif of Kumool setting aside the order of the Rent Controller, Kurnool. The petitioner is the owner of the house bearing Door No. 1/69, Bastian Road Kurnool. The respondent is the tenant of that house. He filed R.C.P. No. 118 of 1949 on the file of the Bent Controller, Kurnool, under Section 11 (2) of Madras Act XXV (25) Of 1949 praying for permission of the Rent Controller to effect repairs to the house and to deduct the costs thereof from the rent payable by him. The petitioner contended that he was not at all informed by the respondent about the repairs required for the building and that the latter had no power to make the repairs without complying with the provisions of Section 11 (2) of the Act. The Rent Controller dismissed the petition on the ground that the respondent has not applied for permission before undertaking the repairs as required by Section 11 (2) of the Act. The District Munsif agreed with the Bent Controller that the respondent made repairs without taking the permission of the Rent Controller. Not withstanding that fact, he allowed the petition to the extent of about Rs. 93 by invoking certain equitable doctrines. Learned Counsel for the petitioner contended that there is no scope for the application of equities in construing a Statutory provision and the respondent cannot ask for any relief contrary to the express provisions of Section 11. "Section 11 (2) reads as follows: